Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1887-06-02

At 1875 O'Clock Saturday night, Biscoe's
second trial ended Twelve men good and
true" again find him guilty of the wiliul
murder of Capt Robert B. Dixon. That
the prisoner had fair and impartial trial
Is, we believe, generally conceded. Ex-
perience would seem 10 prove that further
delay viii only increase the burdens Of our
taxpayers and not save the culprit from
paying the penalty of his crime and we
had hoped that the last scene of the tragedy
was soon Ia be enacted. We see, however,
that the end IS not yet and that notice Of
another appeal has been given. The rea-
sons upon which new trial is asked APP
pear to be- mainly based, not upon grounds
that justice has not been done the prisoner.
but that the Court has erred in constituting
points Of law. That this should happen
twice III the same case argues, we think,
against the competency Of our Judges
rather stronger than the majority of our
people are willing 10 admit. On the second
trial, the State made out a stronger case
IT is hardly to be supposed that if third
trial is reached that its cause will be weak
ened. II is eminently proper that lawyers
should study the interests of their clients
but it Is likewise meet and just that they
should regard little the interests of the
community. The great City of Cincinnati
bears recent testimony that the laws DELAY
sometimes quickens mems worse passions
and results in an outbreak requiring the
rifles grim argument to put down That
our people are exasperated over the delay
i'll this case and the expenses thereby en-
tailed, is only too plain to anyone who will
use his ears that he may hear. That there
is present danger of their forgetting their
character as law abiding citizens, We do
not believe. but we do think that it would
be well to remember the Cincinnati lesson
and see 10 it that no cause is given for its
repetition in St Mary's. The larger num-
Der of witnesses and the drawing, at the
request OF counsel for the accused, of
panel Of % extra Jurors instead Of summon
ing talesmen as is customary, will likely
make the expenses of the second trial
greater than the first Our taxpayers are
already overburdened and for their sakes, we
trust that the case may be allowed u stop
where it is and not again 60 to the Court
of Appeals. We append the grounds upon
which the prisoners counsel ask a new
trial
Il. Because the verdict was contrary to
the evidence.
-. Because of erroneous admission of
alleged statements of the prisoner.
y. Because Of the discovery since the
trial Of new evidence tending to show the
insanity If the prisoner.
-. Because the verdict of the jury is
against the law applicable 10 the case.
>. Because Of other good and sufficient
reasons t. be presented AT the hearing of
this motion.
Also a motion in arrest of judgment will
follow this upon the following grounds:
Il. Because the Circuit Court for ST.
MSry's County, where this cause originated,
has no jurisdiction.
80 Because there is no jurisdiction in
this county TO hear, try or determine this
case.
-. Because, although the prisoner by
his counsel made and filed in the Circuit
Court for 81. Mary's County u suggestion
and affidavit for the removal of this cause,
yet while the cause was still pending in the
said court, and before any valid order for
the removal OF the cause tO some other court
for trial, the prisoner Withdrew the said
suggestion and affidavit for removal, and
So this court has no jurisdiction in the pre-
misses, and the trial and conviction herein
arr wholly null and void, and can give this
court no power 10 pass any sentence what
ever upon the prisoner.
II Because before the trial the prisoner
moved the court Ia remand this case 10 the
Circuit Court for st. Mary's County.
IS Because the Indictment is wholly
without validity, and the prisoner. before
the trial, demurred thereto, and the court
enormously gave Judgment thereon against
prisoner"